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Ethics and Deafness

Ethical Reasoning and Mental Health Services


with Deaf Clients
Virginia Gutman
Gallaudet University

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Ethical problems encountered by mental health practitioners Portability and Accountability Act of 1996 (HIPAA),
working with deaf clients are often complex and involve tort law, the Americans with Disabilities Act of 1990
issues not fully addressed in professional codes of ethics.
(ADA), and case law on a wide variety of topics related
A principles-based ethical reasoning process can assist in
resolving many of these ethical concerns. Principles such as to mental health practice. Although these professional
beneficence, nonmaleficence, autonomy, fairness, integrity, and legal foundations can be so broad and detailed as
and respect are found in the ethical codes of many sometimes to seem overwhelming, in practice they do
disciplines; these can also create a common language or not cover all situations. For example, the codes are
reference point when professionals from different fields
attempt to deal with shared problems. This article discusses
usually silent or vague about topics such as working
some applications of these principles in working with deaf with interpreters, language and communication issues,
individuals and proposes an ethical decision-making pro- accommodations, access to services, discrimination
cess that can provide a framework for ethical reasoning in faced by deaf professionals, and myriad other problems
thinking through complex problems.
commonly faced by mental health professionals
working with deaf people and the Deaf 2 community.
Mental health professionals1 are usually introduced to
Even topics that are explicitly covered in codes of
a code of ethics early in their professional training.
ethics or law, such as confidentiality or overlapping
Examples include the American Association for Marriage
relationships within the community, may have differ-
and Family Therapy (AAMFT, 2001) Code of Ethics;
ent implications for practitioners working with deaf
the American Counseling Association (ACA, n.d.)
people. For these reasons, code-based problem solving
Code of Ethics and Standards of Practice; the Code of
may not always suffice in addressing practical problems
Ethics of the American Psychological Association
encountered in mental health practice.3
(APA, 2002); the International Association of Marriage
Developing a systematic way of thinking through
and Family Counselors (IAMFC, n.d.) Ethical Stand-
ethical problems can assist practitioners in solving
ards; the Code of Ethics of the National Association of
problems that seem to be beyond the codes. The
Social Workers (NASW, 1999); and the Principles of
discussion here offers some methods and tools that can
Medical Ethics with Annotations Especially Applicable to
enhance the quality of ethical decisions in complex
Psychiatry (American Psychiatric Association, 2003).
and confusing situations and can also provide a way of
In addition to the professional codes of ethics,
supporting, justifying, and documenting decisions if
professionals in training must also learn fundamental
questions later arise.
legal requirements for professional practice found
in state practice regulations, the Health Insurance
Ethical Principles
Correspondence should be sent to Virginia Gutman, Department of
Psychology, Gallaudet University, 800 Florida Avenue NE, Washington,
It is possible to see all ethical codes as reflecting
DC 20002 (e-mail: virginia.gutman@gallaudet.edu). underlying ethical principles that are more general,

Journal of Deaf Studies and Deaf Education vol. 10 no. 2 doi:10.1093/deafed/eni017


Ó The Author 2005. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oupjournals.org
172 Journal of Deaf Studies and Deaf Education 10:2 Spring 2005

fundamental, and lasting than the specific behaviors harm and to help. A familiar example in the field of
endorsed or prohibited by the codes. The various deafness is the decision about cochlear implantation.
mental health professions state the principles un- Clinicians must know a great deal about the probability
derlying their codes of ethics in various terms. For of benefit or harm in order to make ethical choices
example, the NASW (1999) code lists ‘‘core values’’ of when working with a client considering such a pro-
service, social justice, dignity and worth of the person, cedure (Christiansen & Leigh, 2002).
importance of human relationships, integrity, and Clinicians also encounter issues of weighing potential
competence. The ACA (n.d.) code is based on the harm against potential benefit when asked to provide
principles of autonomy, nonmaleficence, beneficence, services outside their areas of training. This may
justice, and fidelity (Herlihy & Corey, 1996). The happen frequently for clinicians in deafness, who may
APA’s Ethical Principles (APA, 2002) lists the following: be asked to help clients with an enormous range of
‘‘beneficence and nonmaleficence, fidelity and respon- specialized problems. The potential for harm increases
sibility; integrity; justice; respect for people’s rights when a clinician provides services in areas outside of
and dignity’’ (p. 1). The American Psychiatric Associa- his or her training and experience; however, leaving the

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tion’s discussion mentions competence, respect for client untreated has potential for harm as well.
human dignity, compassion, professionalism, and Autonomy or self-determination is an extremely
honesty, among other principles (American Psychiatric important consideration for clinicians and clients,
Association, 2003). The Canadian Psychological Asso- incorporating informed consent and lack of coercion.
ciation (CPA, 2000) cites respect for individual dignity, Respecting a client’s autonomy can be unexpectedly
‘‘responsible caring,’’ social responsibility, and in- complicated. For example, a client cannot make a truly
tegrity. Beauchamp and Childress (2001) attempt to autonomous choice without clear and accurate in-
summarize the most important underlying principles formation. This means that the clinician must provide
in the many versions of biomedical ethics using five honest information in a way that the client under-
categories: (a) respect for individuals’ autonomy; (b) stands, give the client an opportunity to express
nonmaleficence; (c) beneficence; (d) justice; and (e) a preference, and honor that preference. Autonomy
maintaining a professional relationship, which includes issues can be difficult if a client is very impulsive,
honesty, privacy, fidelity, and confidentiality. Self-care has poor judgment, or is easily intimidated. Further-
is sometimes listed as an additional ethical principle. more, if a client has limited language skills or lacks
Principles-based ethical reasoning can allow for essential background knowledge, it may be difficult
easier communication among different disciplines. even to explain clearly and fully what the choices are
Their codes of ethics may differ, but the underlying (Glickman, 2003). Autonomous choice may be com-
principles are likely to be similar. Implications of promised even when a clinician tries to give the client
several principles in working with deaf clients are a choice. Some clients may be unaccustomed to
described in this article. After the principles are expressing their wishes. In the case of children or
described, some special applications in work with deaf cognitively impaired adults, parents or guardians may
people are explored in more detail. have the legal right to consent to treatment. However,
Nonmaleficence (‘‘do not harm’’) refers to all the this does not erase the clinician’s ethical responsibility
things a clinician may do to avoid injuring, distressing, to respect the client’s autonomy (see the section on
hurting, harming, or causing a negative outcome. The autonomy and informed consent). Further complicat-
opposite, beneficence (‘‘doing good’’) implies an obliga- ing ethical decision making, ethical conflicts between
tion to provide services that are in the client’s best autonomy and beneficence can arise if a clinician’s
interest and that are most likely to be helpful and to perception of what is best for the client conflicts with
lead to a good outcome. When deaf clients are the client’s wishes.
improperly diagnosed, inappropriately treated, or refused ‘‘Justice’’ implies that professionals treat clients
needed treatment, these principles are violated. Many fairly and do not engage in or support discriminatory
treatments and services have the potential both to practices. We may encounter unjust practices when
Ethical Reasoning 173

agencies refuse to treat deaf patients, refuse to hire in- (with appropriate notice to clients and coverage of
terpreters or provide other needed accommodations, or professional responsibilities), personal therapy, train-
engage in stereotyping of deaf clients or professionals. ing and professional development, personal wellness-
Issues of justice are also involved when managed care supporting activities (such as exercise, play, and
organizations offer deaf clients a more limited range of creative activities), and setting appropriate boundaries
providers than hearing clients. to protect one’s personal life and privacy. However,
As an ethical principle, integrity requires clinicians self-care activities can be difficult to initiate and
to be honest, providing accurate and unbiased in- maintain for clinicians whose work and lives are in the
formation about any treatment options or professional Deaf community and who may simultaneously feel
issues. Integrity also requires providing accurate swamped and isolated.
information about the clinician’s training, fees, and
policies. Although no one likes to be deceived, deaf
Personal Characteristics and Skills
clients may particularly loathe hypocrisy and value
forthrightness. Within the Deaf community, the principle In addition to reflecting underlying principles, pro-

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of integrity may be doubly important for both its fessional ethics can also be thought of in terms of the
ethical and cultural implications. qualities, skills, and character of individual professio-
Fidelity (faithfulness and concern) is a hallmark of nals. Beauchamp and Childress (2001) suggest that
the professional relationship. Clients place their trust certain ‘‘virtues’’ make ethical practice more likely.
in mental health professionals with the expectation that Although there are many virtues that we hope our
the clinician will conscientiously and carefully attend caregivers have, Beauchamp and Childress especially
to their well-being. This principle subsumes many highlight compassion, judgment, insight, trustworthi-
important ethical issues. Any exploitation of the client ness, competence, conscientiousness, and integrity.
violates this principle. Multiple relationships that Without such traits, the mental health practitioner
cause the clinician to lose focus on the client’s best has no moral compass for making ethical choices.
interest also indicate lack of fidelity. The professional’s Kitchener (2000) additionally cites prudence, wisdom,
obligation to respect the client’s confidentiality and and respectfulness as important aspects of profes-
privacy are also related to the duties of fidelity and care. sionals’ character that facilitate ethical behavior.
These issues are discussed further in the section on Such qualities are difficult to teach (although
application of ethical concerns with deaf clients. important for professional gatekeepers to consider) and
Making self-care an ethical principle reflects the are thus often not directly addressed in professional
insight that clinicians cannot provide good services training. Professional competencies and skills, how-
if they are overstressed, exhausted, ill, addicted, or ever, are receiving increasing emphasis. The Workgroup
dealing with serious personal problems. Clinicians have on Ethics of the APA’s 2002 Competencies Conference
an ethical obligation to monitor their fitness to practice, (Fuentes et al., 2002) identifies a number of ethical/
including judgment, decision making, problem solving, legal competencies that supplement knowledge of
and self-control. Clinicians with the skills to work with codes, standards, guidelines, rules, and laws. These
deaf people are few and far between, and they may find include (a) the ability to recognize ethical issues in
it difficult to slow down or say no when so many clients varied contexts, (b) the ability to deal with conflict or
are in need of their services. Considering self-care to be ambiguity in the codes, (c) the ability to apply ethical
an ethical principle may help clinicians feel more knowledge in real-world situations, (d) the ability to
justified in looking after their own well-being. Mental consult with others when necessary, (e) the ability to
health professionals sometimes have difficulty finding confront and raise ethical issues in an appropriate
methods of self-care that do not interfere with their manner with other professionals, (f) the ability to adapt
commitment to caring for their clients. Professionally one’s decision making when needed, (g) the ability to
appropriate options include getting consultation participate in a peer network, and (h) self-awareness
or supervision, limiting high-stress work activities and accurate self-assessment in ethical realms.
174 Journal of Deaf Studies and Deaf Education 10:2 Spring 2005

Ethical Reasoning 2003; McCrone, 2002; Raifman & Vernon, 1996).


However, even clinicians who specialize in working
Ethical reasoning starts with knowledge of a formal
with deaf clients face many ethical challenges. The
code of ethics, then incorporates other aspects of ethics
Deaf community is closely knit, so clinicians may find
to help clinicians solve ethical problems. Systematic
that maintaining confidentiality and avoiding multiple
ethical reasoning procedures endeavor to help profes-
relationships requires great delicacy and tact. Further-
sionals (a) understand their own value systems, (b)
more, due to being ‘‘the only game in town,’’ clinicians
recognize when an ethical problem exists, (c) analyze
may be asked to practice outside their area of competence
the problem carefully, (d) appropriately seek and use
or to assist agencies that do not provide equal access to
others’ advice and input, (e) identify the range of
services for deaf clients.
actions that might be taken, (f) weigh and choose
Additionally, all clinicians, whether their clients are
among the possible actions, and (g) evaluate the
deaf or hearing, must be guided both by professional
outcome. A principles-based or ethical reasoning
ethics and by law (including statutes, case law, and
approach asks the clinician to think ethically, rather
requirements of regulatory bodies). Sometimes these

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than simply following instructions (Ford, 2001; Lavin,
are in harmony but on some occasions, different
2003). Many issues that arise in working with deaf
sources may provide conflicting guidance (McCrone,
clients require both in-depth understanding of one’s
2002). Several ethically complicated problem areas are
professional code of ethics and excellent ethical
discussed next.
thinking. Ethical problems can take many forms
(Gutman, 2002). The following are a few.

 Different ethical principles may conflict. Competence


 The requirements of law, policy, or contracts
Because so few mental health professionals are trained
may conflict with ethical guidelines (McCrone, 2002).
to work with deaf people, questions related to a
 A clinician may want to comply with an ethical
clinician’s competence are frequently encountered.
requirement but may find it impractical or difficult.
These arise whenever clinicians must decide whether
 A particular problem may not be addressed in
to accept a deaf individual as a client or to whom to
the code of ethics at all.
refer a client needing more specialized services. In the
 Two professionals may differ in their under-
case of a deaf client, a clinician’s competence has many
standing of ethically appropriate behavior.
aspects (Leigh, Corbett, Gutman, & Morere, 1996),
In general, mental health work with deaf people including:
involves the same ethical principles as work with
 possessing appropriate clinical skills for working
hearing clientele. However, ethical problems and potential
with the client’s presenting problem;
solutions may affect deaf clients differently than
 understanding enough about the developmental,
hearing clients. Several ethical concerns that can have
cultural, educational, social, emotional, cognitive,
special meaning or impact in treatment of deaf clients
linguistic, vocational, medical, and economic implica-
will be discussed here.
tions of deafness to place the client’s history and
concerns in appropriate context;
 being able to evaluate and adapt to the client’s
Application of Ethical Concerns with
communication needs;
Deaf Clients
 knowing how to select and adapt treatment or
Mental health service agencies not familiar with deaf assessment techniques to match the client’s commu-
individuals are at risk of making ethical as well as nication abilities and preferred language; and
clinical errors when confronted with a deaf client or  understanding enough about the client’s cul-
clinician. This can lead to substandard services, limited tural background and expectations to make sure that
choices, and lack of communication access (DeVinney, treatment approaches are culturally appropriate.
Ethical Reasoning 175

Clinicians lacking in any of these skills might judge  to collaborate with another clinician or agency
their competencies to be inadequate for working with to provide service as a team (beneficence and non-
a deaf client. They might risk actually harming the maleficence are enhanced—collaboration maximizes
client through inept service provision. Yet the ethical potential benefit and reduces the chance of harm).
codes of the mental health professions mandate that
The principles of autonomy and integrity further
clinicians should achieve competence in working with
suggest that professionals must accurately disclose the
diverse clients, including those with disabilities, and
limits of their competence to clients and allow the
should not make clinical decisions in a discriminatory
client to determine whether to engage in mental
way. Additionally, the ADA requires that services be
health treatment or assessment (unless the treatment or
accessible. Furthermore, it is sometimes the case that
evaluation is court-ordered). Thus, whatever option
no other clinician or agency is able to provide better
the clinician pursues, an ethical clinician must make
service to the client.
sure the client is informed about treatment possibilities
Thinking about the principles involved can help
and choices, and is involved in all treatment decisions.
identify possible solutions. The principles of benefi-

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A meaningful informed consent procedure must
cence, nonmaleficence, and faithfulness require that
take into account the client’s language, vulnerability,
clinicians provide only services that they are competent
sophistication, and understanding of mental health
to provide. If clinicians provide services outside their
services (Glickman, 2003).
areas of competence, they risk both failing to help the
client and actually harming the client. However, if the
Communication Access
clinician rejects the client for treatment without
providing a better option, the client could be doubly Communication is such an important aspect of
harmed: demoralized and discouraged at the rejection, competence in working with deaf clients that it
and still left with the original problem untreated. deserves special focus. Deaf clients typically view clear
Consideration of these principles suggests approaches communication (and a concomitant positive attitude
that might include the following: toward deaf people) as key characteristics of a compe-
tent service provider. However, communication com-
 to accept the case but to ‘‘play catch-up’’ to get petence requires investments of time and money.
the information, training, consultation or supervision Agencies and individual clinicians sometimes try to
that is lacking (addressing concerns about helping and avoid costs such as interpreters’ fees by either declin-
not harming the client—the clinician becomes com- ing to serve deaf clients or by providing services that
petent to provide a helpful service); are substandard because of lack of communication.
 to assist the client in advocating with another, In some instances, programs do not understand either
better qualified service or agency to provide appro- the mechanics or the ethics of working with an
priate treatment to the client (again, helping and not interpreter and refuse to serve deaf clients based on
harming—the client receives a helpful service); this misunderstanding.
 to work within one’s own agency in obtaining However, the ethical principle of justice and
resources to hire qualified clinicians and/or inter- legislation such as the ADA require that services
preters to serve the client (helping and justice— offered to the general population be accessible to deaf
advocating to provide fair treatment for the client so individuals as well. Several cases have clarified the
that beneficial services can be provided to this client ADA requirements. Courts have required mental
and perhaps to others with similar needs); health service agencies to provide qualified interpreters
 to advocate with third-party payers to allow (DeVinney, 2003), to hire clinicians who are fluent
clients to be seen by the most qualified service in sign language (Raifman & Vernon, 1996; Tugg v
provider, even if this is outside the provider’s usual Towey, 1994), and to provide appropriate technology
network or panel (again, this addresses the principles for clients to communicate with service providers.
of helping and justice); and The ADA does not require agencies to provide
176 Journal of Deaf Studies and Deaf Education 10:2 Spring 2005

accommodations that are an ‘‘undue burden.’’ How- refusing to tell the deaf individual what is going on.
ever, in assessing burden, courts consider all the This happens at the family dinner table as well as in
resources available to the larger system of which professional contexts. Furthermore, many deaf people
a service, clinic, or agency is a part. can remember a professional—perhaps a counselor,
Mental health services cannot be provided without teacher, or supervisor—who told their parents or co-
communication. Not all clients with hearing loss have workers information that was meant to be confidential.
the same communication needs, skills, or preferences. All this can lead to a lowered expectation of privacy and
Some require a sign language interpreter for adequate difficulty trusting a clinician to keep information
communication. Others may want a deaf clinician or confidential.
a Certified Deaf Interpreter. Some clients prefer oral Every ethical principle points to the importance
communication or writing back and forth (either on of maintaining confidentiality. Violations of confiden-
paper or on a computer). Thus, the first issue in tiality may harm a client’s reputation or self-respect.
providing communication access is assessing the Integrity requires the clinician to follow through on the
client’s needs and preferences. The ethical principles implicit and explicit promises of confidentiality made

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of fairness and respect for the individual’s wishes and to clients. Yet there are times when confidentiality
choices are key in determining whether communication cannot be preserved, such as when the client is a danger
is adequate. to self or others (the limits to confidentiality are spelled
out in state and federal law). Respect for the client’s
autonomy requires that clients know from the outset
Confidentiality
the limits of confidentiality. All ethical and legal
Confidentiality is of major importance in mental health standards require the clinician to be knowledgeable
services and can be especially meaningful for deaf clients. about when confidentiality will be upheld and when it
The Deaf community shares some characteristics of will not, and to make sure that the client has accurate
rural communities, ethnic communities, and other information. Among the confidentiality issues that
small, tightly knit groups that can make privacy could be discussed between clinician and client are (a)
difficult to maintain (Gutman, 2002). First, people how to reduce the chances that the client will be seen
know each other within the community—there is little by acquaintances when arriving for or leaving from
anonymity. Second, people notice and are interested in appointments, (b) how the client or the clinician will
what others do. Third, individuals and families know avoid or respond to prying questions, and (c) how to
one another over long periods of time, keeping contact behave if the client and clinician run into each other in
from childhood through old age, so events of childhood a public setting (Leigh, 2002; Leigh & Lewis, 1999).
or youth are remembered within the community Clinicians also need to consider how they will
throughout one’s life. Fourth, information and news handle information about clients that may be offered
about community members is shared rapidly. Even by third parties. Concerned friends of the client may
before the advent of instant messaging, deaf people in approach the clinician at a social event to describe
California often knew within hours of a problem ‘‘what’s really going on.’’ Other professionals, such as
experienced by a deaf family in New York. This can teachers or vocational trainers, may feel some re-
lead to quick community support in times of need, but sponsibility for the client and want to share in-
it also makes it difficult to keep problems private. In formation. Clinicians must decide how they will
fact, the norms of the Deaf community may favor respond to such overtures, remembering that partici-
sharing information and providing support, and pating in a conversation about a client may be perceived
withholding information can be interpreted as snob- as a violation of confidentiality, even if the clinician
bery or lack of trust in the community. does not provide any information or acknowledge that
In addition to the community issues mentioned the therapeutic relationship exists.
above, many deaf people have had the experience of Similarly, two hearing clinicians seen talking at any
hearing people sharing information with each other but length in a public place, such as an agency hallway, may
Ethical Reasoning 177

be assumed by onlookers to be discussing a client, even expect them. A satisfied client—deaf or hearing–may
if that is not the topic of their conversation. Obviously, naturally want to refer friends and family members to
confidential information should not be discussed in the therapist. However, treating clients who are closely
public, even if the clinician believes bystanders will not related or involved with other clients has a high risk of
hear the conversation. Beyond this, many clinicians compromising a counselor’s objectivity. A similar issue
who work with deaf clients believe that it is ethically arises when a client turns out to have ties to people
appropriate to sign during all conversations that take in the therapist’s personal or professional life. This
place in public view, so as to avoid any misunderstand- may threaten confidentiality, compromise services, and
ing. This promotes ethical principles of fidelity and create conflicts of interest for the therapist. Deaf
trustworthiness in professional relationships. therapists may often be faced with the expectation that
they will engage in multiple overlapping relationships,
especially if they participate as active and respected
Multiple Relationships
community members (Leigh, 2002; Leigh & Lewis,
Overlapping relationships present constant ethical 1999; Lytle & Lewis, 1996). Because overlapping

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challenges to mental health professionals working with relationships can blur the boundary between personal
deaf people, especially those providing services within and professional lives, they can be difficult to analyze
the Deaf community (Corbett, 2002; Guthmann & dispassionately. Consultation with a supervisor or trusted
Sandberg, 2002; Gutman, 2002; Leigh, 2002). It is colleague is especially helpful in assessing potential
common for individuals within the community to have risks. Questions to address include: (a) Does the
several social and professional relationships. A teacher multiple relationship create a role conflict for clinician
may also be an interpreter; a clinician may also be or client? (b) Does the multiple relationship threaten
a consultant to a vocational training program; a client’s confidentiality? and (c) Which relationship will be
parents might be close friends with a clinician’s office primary?
mate; a clinician’s daughter and a client’s son may
attend the same school. Because multiple overlapping
Autonomy and Informed Consent
relationships are ubiquitous, their risks for clients and
therapists can easily be overlooked or dismissed. It is A number of issues may compromise the autonomy of
true that some types of multiple relationships are deaf individuals receiving mental health services. In the
considered to be benign and would not be expected to past, mental health providers have sometimes made
compromise a client’s services (Faulkner & Faulkner, treatment or assessment decisions ‘‘behind the back’’ of
1997; Gutheil & Gabbard, 1993; Guthmann & Sandberg, the deaf consumer. Further, information has been
2002). However, there are ethical risks involved, shared with hearing friends or relatives without the
specifically, the risk of the overlapping relationships deaf individual giving appropriate permission (Glickman,
causing harm to the client by reducing the clinician’s 2003; Lane, 1992; Sussman & Brauer, 1999). The
objectivity, exploiting the client, compromising confi- standard of care in health care today demands that
dentiality, creating a conflict of interest, or decreasing clients be given the opportunity to choose whether to
the effectiveness of treatment (Kitchener, 2000; Schank, participate in treatment. Even if the client is a minor or
Slater, Banerjee-Stevens, & Skovholt, 2003). not competent, assent is usually required. Several
One way of looking at multiple relationships is in issues can interfere with a deaf client’s making a truly
terms of personal and professional boundaries. A range informed and autonomous choice about treatment.
of approaches to boundary issues in treating deaf First, some professionals may lack the communication
clients has been suggested (Peoples, 2002; Guthmann & competence necessary to explain clearly the nature of
Sandberg, 2002). Several issues can make boundary treatment and the options available. In such a case,
management difficult. First, members of the commu- involvement of interpreters or communication special-
nity may be used to overlapping relationships in other ists may be necessary to make the information provided
spheres of personal and business life, and may even clear and meaningful. Some deaf clients, however, may
178 Journal of Deaf Studies and Deaf Education 10:2 Spring 2005

be unsophisticated about treatment options and may choices (Pollard, 2002). One of the clinician’s obliga-
not understand treatment options even when they are tions is to help parents get accurate and unbiased
explained by an expert skilled in communicating with information, even though the clinician may have strong
individuals who do not use standard sign systems. The personal beliefs about particular interventions and
client may not even understand that he or she has approaches (Christiansen & Leigh, 2002).
a choice, or may be so used to others making decisions Communication difficulties or conflicts within
that refusal would seem impossible. In such situations, families can produce special ethical challenges (Harvey,
the client’s consent or assent to treatment would lack 2002). For example, communication between deaf and
real autonomy. One way to promote more autono- hearing family members may be limited, yet some
mous decision making about treatment is to provide a family members may resist using interpreters for
pretreatment phase to educate the client about family sessions. The principles of justice and helpful-
these matters so that true choice becomes possible ness dictate that all family members should have equal
(Glickman, 2003). access to treatment in a family therapy session. At the
A second impediment to client autonomy occurs same time, the principle of autonomy endorses

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when a clinician intentionally or unintentionally slants respecting clients’ wishes. What if the communication
the information given to the client so as to support the method requested by one family member conflicts with
clinician’s own beliefs and opinions. Clients can make the wishes or needs of another member of the family?
informed, autonomous decisions only if they have In family therapy, the therapist has an ethical obligation
appropriate unbiased information. Mental health to each member of the family and to the family system
professionals who work with deaf people are likely to as a whole (Huber, 2001; IAMFC, n.d.). Obtaining
have personal and professional opinions about issues individual informed consent from each family member,
such as educational approaches, cultural identity, and including assent from the children (AAMFT, 2001;
cochlear implantation. Staying up to date on the best Ford, 2001), is one way to give each individual an
professional literature on all sides of such issues should opportunity to shape how the therapy will be conducted,
be regarded as an ethical obligation (Pollard, 2002). including the type of communication to be used.

Work with Children and Families Ethical Problem Solving

Practitioners may be asked to work with families, often With complex issues such as those discussed above,
including both deaf and hearing members. Ethical clinicians may not be able to get clear guidance from
principles become more complicated when working their profession’s code of ethics. All professional codes
with a family because the potential benefits and harm of ethics have limitations (Ford, 2001; McCrone,
to several people at once must be considered (Thorp & 2002). They always represent compromise consensus
Fruzzetti, 2003). Competence issues are enlarged statements and are of necessity vague and general.
because the clinician must understand family dynamics They may be difficult to apply to specific situations and
and child development as well as the professional and can produce dilemmas in which two or more principles
deafness-related skills mentioned earlier (Brice, 2002). or standards appear to conflict. Some problems may
Confidentiality becomes more complicated because not be addressed in the code at all. Sometimes, more
parents may have the right to know what transpires in than one code of ethics may be involved and require
their child’s therapy, yet the child’s privacy is also different behaviors (for example, if the clinician
important (Richards, 2003). Autonomy issues are more unexpectedly finds him- or herself in more than one
complicated if different family members have different role, such as interpreter and therapist). In some
preferences about communication or treatment. In situations, legal requirements may conflict with a code
addition, family treatment may often involve the ‘‘hot- of ethics.
button’’ issues mentioned above, such as cochlear At such times, the clinician needs not only
implantation, language interventions, or educational a thorough familiarity with the code of ethics and
Ethical Reasoning 179

its underlying principles but also a decision-making may contain the germ of a good idea. Continued
process to follow. An ethical decision-making model consultation with colleagues can lead to additional
can provide a framework for ethical practice in ideas.
situations where the code does not provide enough Step 6. Analyze each of the possible courses of action
specific guidance. Several decision-making models or envisioned in Step 5. What outcomes would be
procedures have been suggested (e.g., CPA, 2000; expected of each? What benefits or harms might
Ford, 2001; Gutman, 2002; Haas & Maloof, 2002; Hill, occur? Is there a way to combine several of the
Glaser & Hardin, 1995; Joseph & Conrad, 1995; possibilities so as to maximize the benefits and
Kitchener, 2000; Koocher & Keith-Spiegel, 1998; minimize the risks?
Welfel & Kitchener, 1992; Zitter, 1996). The model Step 7. Based on the analysis of expected outcomes,
suggested in this section gives the service provider choose a course of action. Additional consultation may
a method for considering ethical dilemmas or conflicts be helpful in planning how to carry out the selected
in a consistent, systematic, and thorough way; taking plan. Make notes about what was considered and why
each possibility was selected or rejected.

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specific steps to resolve the problem; and documenting
Step 8. Implement the plan and observe the results.
careful decision making in case of a later complaint.
Step 9. Evaluate the success of the action taken. Did
Suggested steps in ethical problem solving are de-
it benefit the client? Did it cause anyone harm? Was it
lineated next, followed by an example of how they
honest? Did it enhance the client’s autonomy? Did it
might be used to assist in resolving an ethical problem.
seem fair to all concerned? Does it satisfy the clinician’s
Step 1. Recognize that an ethical issue exists. This
values? Get feedback about the result from colleagues or
recognition may arise from knowledge of the ethical codes,
supervisors.
conversations and feedback from colleagues and super-
Step 10. Revise the plan, if necessary, based on this
visors, client reactions, or a hard-to-define sense that
evaluation.
‘‘something’s not right.’’
Step 11. Make sure that every step of the decision-
Step 2. Define the ethical issue. What does the code
making process is adequately documented and placed
of ethics say? Do two contradictory actions both seem
in the client’s chart or record. The dates of all contacts,
to be required? Is the clinician being asked to do
consultations, and decisions should be included, as well
something that is contrary to an ethical standard? Does
as identification of all consultants or supervisors.
the clinician have obligations to several parties whose
rights or needs may conflict? Do legal or administrative
Sample Case
requirements seem to contradict ethical mandates?
Does the course of action that seems ethically appropriate A graduate student, whom we will call Evelyn,4
appear to be impractical, undesirable, or unfeasible? attended a state school for the Deaf with about 85
Step 3. Consider the ethical principles that are students and had an excellent relationship with her
involved. Is the client at risk of harm? Is the client high school English teacher, Mrs. Smith, who was also
likely to benefit? Is the clinician acting honestly? Is the her homeroom teacher and class advisor. Mrs. Smith
clinician being trustworthy and conscientious? Is the encouraged the students to write about their lives and
client being treated fairly? Are the client’s wishes and experiences, and Evelyn shared much of herself in her
decisions respected? writing. She started a journal in which she wrote about
Step 4. Consult with colleagues. Get feedback on her own fears and dreams, conflicts with her mother,
what ethical issues are involved. Make notes of the and relationships with friends and boyfriend. She often
consultations, including dates and the advice received. let Mrs. Smith read what she had written because she
Step 5. Generate possible solutions. Sometimes trusted her. Mrs. Smith committed a lot of time and
a dilemma can be resolved by forcing oneself to create energy to encouraging her best students, including
three or more possibilities. This helps to make the Evelyn, to work to their potential and to go to college,
problem-solving process more creative and open. Even and Evelyn continues to be grateful for her help.
if some of these seem far-fetched or impractical, they Currently, they exchange occasional e-mail and holiday
180 Journal of Deaf Studies and Deaf Education 10:2 Spring 2005

greetings, even though they haven’t seen each other for family that she cannot share with her close friends, who
about 5 years. Evelyn still has several close friends from are also close to Mrs. Smith. On the other hand, Mrs.
high school, and they get together several times a year Smith’s family needs services, and Evelyn does not
and love to reminisce about their time together in high want to be the reason that their child is not getting
school. help. Evelyn is not sure that Mrs. Smith realizes that
Evelyn graduated from high school and college, Evelyn now works at this agency and does not know
then entered graduate school in one of the mental whether Mrs. Smith realized when she requested
health professions. She is currently doing an internship services that Evelyn, a former student, might have
back in her home state, in which she helps to run access to personal information about her. There are
a group with deaf children who have been abused. One multiple ethical principles involved, including benef-
day Evelyn’s supervisor introduced her to a new child icence, fidelity (confidentiality, multiple relationships),
in the group, and Evelyn was stunned to learn that this and justice.
4-year-old is Mrs. Smith’s adopted daughter. The little Step 4. Consult with colleagues. Luckily for Evelyn,
girl had been abused by her birth parents, and at the she has several supervisors in the agency. She

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age of two was taken away from her birth mother and hesitantly brings the issue up with the supervisor with
placed in foster care, then later adopted by the Smiths. whom she feels most comfortable. They discuss
Evelyn is unsure what to do. Is it okay for her to Evelyn’s past and current relationship with the Smith
work with Mrs. Smith’s daughter? Should she say family. Evelyn makes a note about this discussion and
something to Mrs. Smith about it? Should she tell her includes it in the Smith family’s file. The note says that
supervisor she has a conflict of interest? What if her Evelyn and Dr. Jones discussed issues related to a prior
supervisor asks her to do a family interview? What if relationship between Evelyn and the Smith family, and
her friends start talking about Mrs. Smith the next gives the date it was discussed. Both Evelyn and the
time they get together? Here is how she might walk supervisor sign the note.
through a decision-making process for this ethical Step 5. Generate possible solutions. After they have
problem. identified the issues and possible problems, Evelyn and
Step 1. Does an ethical issue exist? Evelyn knows that Dr. Jones brainstorm possible actions. One possibility
her discipline’s code of ethics warns that multiple is for Evelyn to switch to a different rotation so that she
relationships can be risky. She feels uncomfortable at will not need to work with the Smith family. Another is
the idea of changing her relationship with Mrs. Smith. for the Smiths to be referred to another agency. Still
How could she possibly presume to give parenting another is for Evelyn to work with the Smith family as
advice to Mrs. Smith? At the same time, she feels she she does with the others who are referred to her unit. It
owes Mrs. Smith and would like to help her family. might also be possible for another intern to work with
Evelyn has lost sleep over this situation. Her the Smiths while Evelyn works with other children and
discomfort tells her an ethical issue may exist. families. They also talk about the possibility of
Step 2. Define the ethical issue. Evelyn is concerned discussing the situation with the Smiths to see what
about having a prior personal relationship with a client. they prefer.
She is not sure whether she can be objective, and if she Step 6. Analyze each of the possible courses of action
were required to give negative feedback to Mrs. Smith, envisioned in Step 5. Dr. Jones and Evelyn want to
she is not sure she could do it. In addition, Mrs. Smith think about the possibilities. They schedule a second
has always been the one to advise and encourage meeting to think about what would have the least risks
Evelyn. It would be hard for Evelyn to switch roles and to the Smiths and the most potential benefit. Both Dr.
give advice or counsel to Mrs. Smith. Jones and Evelyn agree that Evelyn working with the
Step 3. Consider the ethical principles that are Smiths has a risk of causing some serious problems in
involved. If Evelyn cannot be objective about this their treatment. It also risks damaging Evelyn’s
family, the family may not get the best care. In relationship with Mrs. Smith, which she very much
addition, Evelyn may learn information about the values. Furthermore, it might make Evelyn’s interactions
Ethical Reasoning 181

with her friends difficult, because they are likely to Step 10. Revise the plan, if necessary, based on this
bring up Mrs. Smith in their casual conversation. They evaluation. The family therapist will take the re-
discuss how to get treatment for the Smiths without sponsibility of continuing to monitor how this is
involving Evelyn. They discuss how to respect the working out. Having taken over the case, he or she will
Smith’s autonomy and privacy. be responsible for further treatment recommendations.
Step 7. Based on the analysis of expected out- Step 11. Make sure that every step of the decision-
comes, they choose a course of action. Evelyn and making process is adequately documented and placed
Dr. Jones decide that three possibilities are feasible, in the client’s chart or record. Dr. Jones and Evelyn
ethically appropriate, and would afford the Smiths carefully reviewed the file before they turned the case
access to services. They decide that Dr. Jones will over to the family therapist to make sure that all their
meet with the Smiths and explain these three discussions were accurately noted, dated, and signed.
treatment options. Their first option is to place This decision-making process allowed Evelyn to
their daughter in the group. If they do that, Evelyn resolve a difficult and sensitive issue and to do so in
will not work directly with their daughter, but they a collaborative way so that she did not feel alone or ‘‘out

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may see her in the room working with other on a limb.’’ It allowed her to come to a decision that
children. The Smith’s family situation will not be respected her needs as well as the needs of the client
discussed at any meeting where Evelyn is present. and to make sure that she had the support of her
However, Evelyn might have casual interaction with agency in doing so.
the Smith’s daughter, such as helping the children
to line up for a fire drill or monitoring a group
Conclusion
activity. A second option is for the Smith family to
receive individual and family therapy from senior A principles-based ethical decision-making process can
staff of the agency but not to have their daughter in help mental health professionals deal with ethical
the group. A third option is to refer them to another problems or issues that are not adequately dealt with in
agency. the codes. Clinical work with deaf individuals requires
Evelyn’s agency provides the most deaf-culturally creativity and flexible thinking, and may pose some
sensitive services in the area. If the Smiths receive special ethical challenges for clinicians. Because the
services at another agency, they will have less deaf- principles underlying the various codes of ethics in the
friendly services but more privacy. Dr. Jones and mental health professionals are similar, use of prin-
Evelyn agree that they want the Smiths to have the ciples-based ethics can facilitate communication in
opportunity to decide which of these values are more multidisciplinary teams. A principles-based approach
important to them. Evelyn writes a note for the file, to ethics can also assist with creative problem solving
summarizing the options that they considered and why when faced with ethical dilemmas.
they selected this approach. She and Dr. Jones both Familiarity with a professional code of ethics,
sign the note. ethical principles, and relevant state and federal laws
Step 8. Implement the plan and observe the results. (such as the ADA) provides an important foundation
Dr. Jones met with the Smiths. They chose to have for all ethical decisions. In situations where the codes
individual and family therapy but not to have their and laws do not provide clear guidance, use of a
daughter in the group. Mr. and Mrs. Smith gave Dr. systematic ethical decision-making process such as the
Jones permission to explain this to Evelyn. one described here can lead to good and defensible
Step 9. Evaluate the success of the action taken. Dr. solutions to ethical problems.
Jones and Evelyn met to review the decision and to let For clinicians at any level of experience, consulta-
Evelyn know what the Smiths decided. At their first tion with colleagues and supervisors knowledgeable
family therapy session, the family therapist checked about work with deaf clients is essential to provide
with the family to see whether they still felt comfort- high-quality services and to deal with ethical chal-
able with their decision. lenges as they arise.
182 Journal of Deaf Studies and Deaf Education 10:2 Spring 2005

Notes Fuentes, C., Yarrow, C., Willmuth, M., Constantine, M.,


Hansen, N., & Jansen, M., et al. Summary of workgroup 2:
1. The terms clinician, professional, or mental health pro- Ethical, legal, public policy/advocacy, and professional issues.
fessional are used to refer to practitioners in any mental health Retrieved July 13, 2004, from http://www.appic.org/news/
discipline, such as counseling, psychology, psychiatry, social 3_1_news_Competencies.htm.
work, or marriage and family therapy. Glickman, N. (2003). Culturally affirmative inpatient treatment
2. In this article, the convention of capitalizing the word with psychologically unsophisticated deaf people. In N.
deaf to indicate affiliation with the Deaf culture and community Glickman, & S. Gulati (Eds.), Mental health care of deaf
is followed. Use of the lowercase simply indicates an audiological people: A culturally affirmative approach (pp. 145–202).
condition of hearing loss. Mahwah, NJ: Lawrence Erlbaum.
3. This discussion does not provide legal guidance or Gutheil, T., & Gabbard, G. (1993). The concept of boundaries in
consultation on specific cases. If such assistance is needed, an clinical practice: Theoretical and risk-management dimen-
attorney experienced in mental health law or the ethics sions. American Journal of Psychiatry, 150, 188–196.
committee of the relevant professional association could be Gutman, V. (2002). Ethics in mental health and deafness:
consulted. Implications for practitioners in the ‘‘small world.’’ In
4. This case, including all names and situations, is fictitious.
V. Gutman (Ed.), Ethics in mental health and deafness
(pp. 11–37). Washington DC: Gallaudet Press.

Downloaded from http://jdsde.oxfordjournals.org/ at University of North Dakota on June 2, 2015


Guthmann, D., & Sandberg, K. (2002). Dual relationships in the
Deaf community. In A. Lazarus, & O. Zur (Eds.), Dual
References relationships and psychotherapy. New York: Springer-Verlag.
Haas, L., & Maloof, J. (2002) Keeping up the good work: A
American Association for Marriage and Family Therapy (2001) practitioner’s guide to mental health ethics, (3rd ed.). Sarasota,
AAMFT code of ethics, effective July, 1, 2001. Retrieved FL: Professional Resource Exchange.
December 12, 2003, from www.aamft.org. Harvey, M. (2002). Psychotherapy with deaf and hard of hearing
American Counseling Association (n.d.). ACA code of ethics and
persons: A systemic model (2nd ed.). Hillsdale, NJ: Lawrence
standards of practice. Retrieved December 9, 2003, from
Erlbaum.
www.counseling.org.
Herlihy, B., & Corey, G. (1996). ACA ethical standards
American Psychiatric Association (2003). The principles of
casebook (5th ed.). Alexandria, VA: American Counseling
medical thics with annotations especially applicable to psychiatry
Association.
(2001 ed., including 2003 Amendments). Washington, DC:
Hill, M., Glaser, K., & Hardin, J. (1995). A feminist model for
Author.
ethical decision-making. In E. Rave, & C. Larsen (Eds.),
American Psychological Association (2002). Ethical principles of
Ethical decision making in therapy: Feminist perspectives
psychologists and code of conduct. American Psychologist,
(pp. 18–37). New York: Guilford Press.
57, 1060–1073.
Huber, C. (2001). Ethical, legal, and professional issues in the
Beauchamp, T., & Childress, J. (2001). Principles of biomedical
practice of marriage and family therapy (3rd ed.). Upper
ethics (5th ed.). New York: Oxford University Press.
Brice, P. (2002). Ethical issues in working with Deaf children, Saddle River, NJ: Prentice Hall.
adolescents, and their families. In V. Gutman (Ed.), Ethics in International Association of Marriage and Family Counselors
mental health and deafness (pp. 52–67). Washington, DC: (n.d.) IAMFC ethical standards. Retrieved December 9,
Gallaudet Press. 2003, from www.iamfc.com.
Canadian Psychological Association (2000). Canadian code of Joseph, V., & Conrad, P. (1995). Essential steps for ethical problem-
ethics for sychologists (2nd ed.) Retrieved August 20, 2004, solving. Retrieved July 13, 2004, from http://courses.cs.
from http://www.cpa.ca/ethics2000.html. vt.edu/professionalism/Ethics/steps.html.
Christiansen, J., & Leigh, I. (2002). Cochlear implants in children: Kitchener, K. (2000). Foundations of ethical practice, research, and
Ethics and choices. Washington, DC: Gallaudet Press. teaching in psychology. Mahwah, NJ: Lawrence Erlbaum.
Corbett, C. (2002). Ethical issues when working with minority Koocher, G., & Keith-Spiegel, P. (1998). Ethics in psychology.
deaf populations. In V. Gutman (Ed.), Ethics in mental health Professional standards and cases (2nd ed.). New York: Oxford
and deafness (pp. 84–98). Washington DC: Gallaudet Press. University Press.
DeVinney, J. (2003). Prologue: My story. In N. Glickman, & Lane, H. (1992). The mask of benevolence: Disabling the deaf
S. Gulati (Eds.), Mental health care of deaf people: A community. New York: Knopf.
culturally affirmative approach (pp. xxi–xxxvi). Mahwah, NJ: Lavin, M. (2003). Thinking well about ethics: Beyond the code.
Lawrence Erlbaum. In W. O’Donohue, & K. Ferguson (Eds.), Handbook of
Faulkner, K., & Faulkner, T. (1997). Managing multiple professional ethics for psychologists (pp. 35–46). Thousand
relationships in rural communities: Neutrality and boundary Oaks, CA: Sage.
violations. Clinical Psychology: Science and Practice, 4, Leigh, I. (2002). Ethical problems in deaf mental health services:
225–234. A practitioner’s experience. In V. Gutman (Ed.), Ethics in
Ford, G. (2001). Ethical reasoning in the mental health professions. mental health and deafness (pp. 1–10). Washington DC:
Boca Raton: CRC Press. Gallaudet Press.
Ethical Reasoning 183

Leigh, I., & Lewis, J. (1999). Deaf therapists and the Deaf Richards, D. (2003). The central role of informed consent
community: How the twain meet. In Leigh, I. (Ed.), in ethical treatment and research with children. In W.
Psychotherapy with deaf clients from diverse groups O’Donohue, & K. Ferguson (Eds.), Handbook of professional
(pp. 45–68). Washington, DC: Gallaudet University Press. ethics for psychologists (pp 377–389). Thousand Oaks,
Leigh, I., Corbett, C., Gutman, V., & Morere, D. (1996). CA: Sage.
Providing psychological services to deaf individuals: A Schank, J., Slater, R., Banerjee-Stevens, D., & Skovholt, T.
response to new perceptions of diversity. Professional (2003). Ethics of multiple and overlapping relationships. In
Psychology: Research and Practice, 27, 364–371. W. O’Donohue, & K. Ferguson (Eds.), Handbook of
Lytle, L., & Lewis, J. (1996). Deaf therapists, deaf clients, and professional ethics for psychologist (pp. 181–193). Thousand
the therapeutic relationship. In N. Glickman, & M. Harvey Oaks, CA: Sage.
(Eds.) Culturally affirmative psychotherapy with deaf persons Sussman, A., & Brauer, B. (1999). On being a psychotherapist
(pp. 261–276). Mahwah, NJ: Lawrence Erlbaum. with Deaf clients. In I.W. Leigh (Ed.), Psychotherapy with
McCrone, W. (2002). Law and ethics in mental health and deaf clients from diverse groups (pp. 3–22). Washington, DC:
deafness. In V. Gutman (Ed.), Ethics in mental health and Gallaudet University Press.
deafness (pp. 38–51). Washington DC: Gallaudet Press. Thorp, S., & Fruzzetti, A. (2003). Ethical principles and
National Association of Social Workers (1996/1999). Code of practice in couple and family therapy. In W. O’Donohue,
ethics of the National Association of Social Workers. Retrieved & K. Ferguson (Eds.), Handbook of professional ethics for

Downloaded from http://jdsde.oxfordjournals.org/ at University of North Dakota on June 2, 2015


December 9, 2003 from www.socialworkers.org. psychologists (pp. 391–405). Thousand Oaks, CA: Sage.
Peoples, K. (2002). Ethical challenges in training professionals Tugg v Towey (1994). Retrieved July 19, 2004, from
for mental health services with deaf people. In V. Gutman http://www.deaflaw.org/tugg_v.htm.
(Ed.), Ethics in mental health and deafness (pp. 99–122). Welfel, E., & Kitchener, K. (1992). Introduction to the special
Washington DC: Gallaudet Press. section: Ethics education—An agenda for the ’90’s.
Pollard, R. (2002). Ethical conduct in research involving Professional Psychology: Research and Practice, 23, 179–181.
deaf people. In V. Gutman (Ed.) Ethics in mental health Zitter, S. (1996). Report from the front lines: Balancing multiple
and deafness (pp. 162–178). Washington DC: Gallaudet roles of a deafness therapist. In N. Glickman, & M. Harvey
University Press. (Eds.), Culturally affirmative psychotherapy with deaf persons
Raifman, L., & Vernon, M. (1996). Important implications for (pp. 169–246). Mahwah, NJ: Lawrence Erlbaum.
psychologists of the Americans with Disabilities Act: Case in
point, the patient who is deaf. Professional Psychology: Received August 21, 2004; revisions received November 24,
Research and Practice, 27, 372–377. 2004; accepted November 27, 2004

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